Rita Penman - 8-Jan-2007 - Oil leaked from a pub oil tank
polluting the River Fynn at Tuddenham St Martin near Ipswich
and resulting in two companies being fined.
Punch Taverns (PGRP) Ltd admitted owning an oil tank which
did not comply with oil storage regulations and was fined
£2,000 and Scotts (Ipswich) Ltd admitted causing pollution
and was also fined £2,000. The two companies equally
shared full Environment Agency costs of £3,800 as
ordered by Ipswich Magistrates’ Court today (Mon).
Magistrates were told that the tank in the yard at the
Fountain pub should not have been used as it did not comply
with Oil Storage Regulations and should have been replaced.
The previous tenants left in August and Scotts became tenants
of the pub mid December 2005 and a few days later they filled
the tank with 2,184 litres of oil.
A week later on Christmas Eve a large amount of oil was
seen floating on the river Fynn and there was a strong smell.
An Environment Agency officer saw that oil was caught in
the vegetation and reeds alongside the river and he placed
absorbent pads and booms in the river to contain the oil.
On Boxing Day he traced the oil to the back of the pub
where a jet of oil about a metre long was coming from the
tank which was rusting and in poor condition. There was
no raised (bunded) area around the tank to contain any spills
and the oil was running along the ground, through a broken
surface water pipe and into the River Fynn.
Previous tenants at the pub had been responsible under
their lease for maintenance and repairs of the land and
buildings. New tenants Scotts had a different lease arrangement
and was not responsible for outside features but was, however,
responsible under law for not causing pollution..
Scotts had a survey carried out before taking on the lease
and it highlighted the need to replace the oil tank but
this was not done and they filled it up on 17 December.
Scotts was under the impression that Punch Taverns was responsible
for the oil tank.
Magistrates were told that Punch Taverns was responsible
for the oil tank between tenants and although they had a
dilapidation survey done on the change over of tenants this
had not covered the oil tank.
New tenants Scotts told investigating Environment Agency
officers that although they knew the tank was rusty on the
outside they had looked inside the tank and did not think
that it was unsafe. They would have replaced the tank in
time and since the incident it has been removed.
After the hearing Environment Agency officer Nick Davis
said: ‘I hope that the outcome of today’s court case underlines
not only to the defendants but also to the business community
that oil pollution can cause significant harm to our rivers
both in terms of water quality and amenity value.
‘The Oil Storage Regulations specify minimum requirements
for oil tanks on commercial and business premises and we
willingly offer pollution prevention advice for their siting
and operation. Had the defendant’s premises complied with
these regulations, this pollution would not have happened.’
Punch Taverns (PGRP) Ltd pleaded guilty to:
Between 23 November 2005 and 14 December 2005, you being
a person who had custody or control of oil, did store oil
in a container which was not situated in a secondary containment
system which satisfied the requirements of Regulation 3(2)
of the Control of Pollution (Oil Storage)(England) Regulations
2001 , contrary to Regulations 3(2) and 9 of the Control
of Pollution (Oil Storage)(England) Regulations 2001.
Scotts (Ipswich) Ltd pleaded guilty to:
On or about 24 December 2005 you did cause poisonous, noxious
or polluting matter, namely fuel oil to enter controlled
waters, namely the River Fynn at Tuddenham, near Ipswich,
Suffolk, contrary to section 85(1) and section 85(6) Water
Resources Act 1991.
Notes for editors
• The Oil Storage Regulations apply to the storage of oil
in a container; which is above ground and outside; has capacity
to hold more than 200 litres; and on any business premises.
The Oil Storage Regulations require that the oil is stored
in a container of sufficient strength and structural integrity
to ensure that it is unlikely to burst or leak in its ordinary
use. The tank must be situated within a secondary containment
system to ensure that if there is a leak or escape the oil
will be contained. Valves, pipes etc must be designed to
avoid the risk of leaks etc.
The Environment Agency is the leading organisation for
protecting and improving the environment in England and
Wales. We are responsible for making sure that air, land
and water are looked after by today’s society, so that tomorrow’s
generations inherit a cleaner, healthier world.
